Union Wins Shutdown of Mold-Ridden School

Just as school opened this fall in Houston, one of its middle schools came under attack from a mold problem serious enough to send a stream of staff to the hospital. The soldiers in this battle were custodians, other staff and students at Key Middle School who had fallen ill. Seven custodians were taken to the hospital Sept. 2, followed by many other staffers. As of mid-October, about 300 students had visited the school nurse.

After a loud outcry, students and staff won a key battle in September when the school board decided to close the school. The district has moved about 650 students and more than 100 staff members at Key to another school while it investigates. The move required intense pressure from the Houston Federation of Teachers, parents, the school’s principal, a parade of epidemiologists and U.S. Rep. Sheila Jackson Lee (D-Houston).

Wretha Thomas, president of the AFT-affiliated Houston Educational Support Personnel Union, points to leaky and broken air conditioners as a source of the problem. And Lottie Williams, head custodian at Key, explains that private contractors incorrectly installed the air conditioners, causing poor drainage.

"The district’s been in a little bit of denial," says Houston Federation of Teachers president Gayle Fallon. About 90 workers’ compensation claims have been filed, and 56 staff members have signed a safety grievance.

Within days of the initial incidents, the Houston local distributed guidelines sent by the AFT’s health and safety department, including a one-page checklist for symptoms of exposure to mold.

If you suspect a mold problem at your school, ask your local union to get a copy of any written policy on mold prevention and cleanup, including descriptions of any training employees get to do this kind of work. Preventive maintenance is the key to keeping students and staff healthy.

The AFT offers a wealth of resources on mold, including the fact sheet "Tips for Investigating Moisture and Mold Problems in Schools." Go to www.aft.org/topics/health-safety.

Cafeteria Workers to Get Relief from Heat

New York members who work in the kitchens of big-city schools finally have a law that will provide relief from the heat.

In October, Gov. Eliot Spitzer signed a bill requiring the state labor commissioner to set air temperature standards and cooling requirements for public school cafeteria kitchens undergoing renovation in cities with a population of a million or more. Labor representatives will help set the regulations.

The New York State United Teachers supported the bill, which will control temperatures that in the summer can reach over 120 degrees. The new rules are expected to take effect in March.

Help Fight Overtime Abuse

Members of the AFT PSRP program and policy council in October considered the growing problem of schools’ evading overtime pay for support personnel, a practice that cheats unit members of pay and undermines the union contract.

Rachel Martinez, executive vice president of the San Antonio Alliance of Teachers and Support Personnel, said principals there routinely cut individual deals with employees on scheduling, offering a token amount of flex time in exchange for longer hours overall.

Other AFT leaders agreed. Laura Harper, PSRP chair with the Jefferson (La.) Federation of Teachers, said some administrators give employees a "different job" after their regular work hours—say, as a custodian—with a different employee number, and have them punch out and back in to avoid paying overtime.

The plain fact is that a supervisor’s preference or a district practice cannot trump the federal Fair Labor Standards Act or state wage and hour laws. Employers must pay for time worked, and where overtime pay is due, it’s illegal to evade paying it.

Council members offer this advice:

• Report violations to your local union, says AFT vice president Lorretta Johnson, who also is co-president of the Baltimore Teachers Union. Your reps can help you file a complaint with the state labor board and force an audit.
• Learn the basics of the laws, which differ from state to state. AFT vice president David Gray, also president of the Oklahoma City Federation of Classified Employees, points out that even if you "volunteer" for a task, when it’s your work, you get paid.
• Follow the contract. The principal can’t force staff to wait around for late buses, notes Jenna Fitzgerald, field representative for the Boston Teachers Union. "Just try bringing the kids back in school and depositing them in the principal’s office," she says. "That works."
• Realize that if you make freelance flex-time deals, you violate the contract and the union can’t stand up for you, says Johnson. "If you want a contract," she adds, "you have to come to work on time and work according to the contract. You can’t have it both ways."

Bargaining restored in New Orleans

School employees in New Orleans are celebrating a decision by the Orleans Parish School Board to recognize their collective bargaining rights and re-enter negotiations with the AFT-United Teachers of New Orleans.

AFT-UTNO lost bargaining rights after officials hastily adopted a school reorganization plan in the wake of Hurricane Katrina. The union’s contract expired last year and the school board had refused to consider a resolution to restore bargaining rights.

"The activism of our members and the strong support of our allies are what moved the school board," AFT-UTNO president Brenda Mitchell says.

The union is still fighting for bargaining rights for staff in the five state-operated Recovery School District schools and many charter schools.